When Is It Too Late To File a Personal Injury Lawsuit?
When you are injured in an accident that is caused by the negligence of another party, it may feel like you have an unlimited amount of time to file a claim and a lawsuit against the liable party. Unfortunately, this is not the case. Depending on the specific facts of your case, you only have a certain amount of time to file a claim. This is known as the statute of limitations.
Statute of Limitations Defined
Statute of limitations are the laws set by the state that allow only a maximum time limit after an event for legal proceedings regarding that event to be initiated. The logic behind statutes of limitations is to facilitate the resolution of a legal situation in a reasonable amount of time.
More specifically, in civil situations, a statute of limitation restricts the amount of time the injured victim has to file a claim for monetary compensation. In other words, you only have a certain, specific amount of time to seek money damages. Generally speaking, if your statute of limitations “runs out,” you will no longer have a valid claim and can no longer seek legal recourse.
When Does My Statute Run?
The time frame during which an injury victim can file a personal injury claim varies depending on the laws of the state where the accident occurred and the specific facts surrounding the case. Below are California’s current statutes of limitations for the most common types of legal situations:
- Personal injury: 2 years from the date of the injury.
- Medical malpractice: 3 years from the date of the injury; if the injury is not immediately discovered, the time limit starts to run one year from the date the injury was discovered.
- Claims against government entities: the injured victim must file a claim with the government agency within 6 months of the incident; if the entity denies the claim, the injury victim has a certain amount of time to file suit.
- Property damage: 3 years from the date the damage occurred.
In order to avoid losing your legal right to seek compensation from the party whose negligent actions caused your injuries, it is imperative to immediately seek the help of an experienced Orange County personal injury attorney to handle your accident claim.
Call an Orange County Personal Injury Attorney Today!
The legal team at the Law Offices of Samer Habbas is dedicated to helping our injured clients reach the best monetary settlement when they are involved in any type of accidents.
If you or a loved one has been injured in an accident caused by the negligent or reckless actions of another party, our experienced Orange County personal injury attorneys are available to personally review your case. Call us at 1-888-848-5048 to schedule a free, complimentary consultation with our legal team today.